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(영문) 청주지방법원충주지원 2020.02.20 2019가단23308
근저당권말소
Text

1. The defendant on August 5, 1998, as to each real estate listed in the separate sheet to the plaintiff, the Cheongju District Court of Cheongju District.

Reasons

1. Facts of recognition;

A. The Plaintiff operated a general restaurant or a dan as a public entertainment business in the name of “D” on the first floor of the building located under the Seocho-gu Seoul Metropolitan Government’s Seocho-gu’s building from around 1997, and closed the business around April 2004.

B. On August 5, 1998, the Plaintiff borrowed KRW 7,000,000 from the Defendant with interest rate of KRW 6% per month and due date of August 25, 1998, and prepared a cash custody certificate (Evidence B (Evidence B) of the above contents to the Defendant.

(hereinafter referred to as “the instant loan claim”). C.

On the same day, in order to secure the above loan claims against the defendant, the plaintiff entered into a mortgage agreement with the defendant as to each real estate listed in the separate sheet, which is owned by the plaintiff (hereinafter referred to as "each real estate of this case"), which provides that the defendant concurrently holds the right to collateral security, the debtor and the person who created the right to collateral security, and the maximum debt amount shall be KRW 20,000,000, with regard to each real estate listed in the separate sheet, and completed the registration of establishment of each collateral security (hereinafter referred to as "registration of establishment of each collateral security of this case").

The plaintiff operated the above store, and the principal and interest of the above loan to the defendant as well as the interest of August 28, 1998, and the same year

9.9.420,000 won, 360,000 won on October 17, 19 of the same year, and 360,000 won on September 3, 191 of the same year, and 15.1,000,000 won on December 15, 199, were finally repaid.

E. After May 16, 2019, the Defendant filed an application for auction to exercise a security right to each of the instant real estate based on the registration of the establishment of the neighboring real estate of the instant case (hereinafter “instant application for auction”). On May 22, 2019, the lower court rendered a decision to commence the auction of each of the instant real estate on May 22, 2019, and the entry of the decision to commence voluntary auction was completed on the same day.

[Ground of Recognition] Facts without dispute, Gap No. 1 to 5, 7, 8, and Eul No. 1.

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